Uncle can execute wil for his undivided share inproperty

2) will should be attested by 2 witnesses

3)registration is optional

4) legal fees for drafting will depend upon lawyer appointed by you

5) you can engage any lawyer on this website for drafting the will

1. Declaration In The Beginning: In the first paragraph, person who is making a Will, has to declare that he is making this Will in his full senses and free from any kind of pressure and undue influence and he has to clearly mention his full name, address, age, etc at the time of writing the Will so that it confirms that a person really wishes to write a Will.

2. Details of Property and Documents: The next step is to provide list of items and their current values, like house, land, bank fixed deposits, postal investments, mutual funds, share certificates owned by testator. He must also state the place where he has kept all the documents if the will documents are under safe custody of the bank then testator has to write details about the releasing of the Will from the bank. Here it is the most important duty of the testator to communicate the above matter to the executor of the Will or any other family members, which will make the Will valid after testator death.

3. Details of ownership By The Testator: A testator while making a original Will should specifically mention that who should own his entire property or assets so that it will not affect the interest of the successors after his death. If testator wishes the name of the minor as beneficiary then a custodian of the property should be appointed to manage the property.

4. Attestation of the ‘Will’ : At the end, once the testator complete writing his Will, he must sign the will very carefully in presence of at least two independent witnesses, who have to sign after his signature, certifying that the testator has signed the Will in their presence. The date and place also must be indicated clearly at the bottom of the Will. It is not necessary that a person should sign all the pages of the Will instrument but he must sign to avoid any legal disturbances.

5. Execution of A ‘Will’: On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate .A probate is a copy of a Will, certified by the court. A probate is to be treated as conclusive evidence of the genuineness of a Will. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted and It is only after that Will comes into effect.

Registration of ‘Wills’: According to the Section: 18 of the ‘Registration Act, 1908’ the registration of a Will is not compulsory. Once a Will is registered, It is a strong legal evidence that the proper parties had appeared before the registering officers and the latter had attested the same after. The process of registration begins when a Will instrument is deposited to the registrar or sub-registrar of jurisdictional area by the testator himself or his authorised agent. Once the scrutiny of Will instrument is done by the registrar and registrar is satisfied with all the documents then registrar will make the entry in the Register-Book by writing year, month, day and hour of such presentation of the document and will issue a certified copy to the testator. In case if registrar refuses to order Will to be registered then testator himself or his authorised agent can institute a civil suit in a court of law and court will pass decree of registration of Will if court is satisfied with the evidence produced by the plaintiff. A suit can only be filed within 30 days after the refusal of registration by the registrar. If the testator willing to withdraw the Will after the process of registration then a sufficient reason has to be given to registrar, if satisfied he will order for the registration of Will.

Probate: It is the copy of the will which is given to the executor together with a certificate granted under the seal of the court and signed, by one of the registrars, certifying that the will has been proved. The application for probate shall be made by petition along with copy of last Will and testament of the deceased to a court of competent jurisdiction. The copy of the will and grant of administration of the testator’s estate together, form the probate. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. A probate is obtained to authenticate the validity of the will and it is the only proper evidence of the executor’s appointment. The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off which did belong to the testator and over which he had a disposing power with a grant of administration to the estate of the testator. Probate proceedings cannot be referred to Arbitration. The probate court (whether it is the District Court or High Court) has been granted and conferred with exclusive jurisdiction to grant probate of a Will of the deceased.

No stamp duty is required to be paid for executing a Wil.

1. Your uncle would have to give a brief to an advocate who would in turn draft a will, and there is no compulsion to get the will registered as per law.

2. Fees for drafting varies from advocate to advocate. It can be done in a day.

3. A will can a executed for undivided property too.

Dear Client,

All which needed to execute the WILL is, testator details, beneficiary detail, details of property/assets whatever want to bequeath. Two attesting Witness and try to get it registered to avoid any future complications .

Fees not more than Rs. 1500 + advocate fees.

He can WILL his share without partition.

Your uncle can make a will for the property owned by him move able and Immoveable property in his possession in favor of your mother. It's better to get it registered. Only his signature and his presence at sub registrar office is required along with your mother and two witness. Fees depends on lawyer you appoint time will be within a day in Karnataka. He cannot make will of property that is not in his possession

1. Clear and Proper hand-written or typed Will may be prepared with strategic clauses and MUST be properly witnessed with atleast two witnesses. Will "may" be registered with the local registrar of sub-assurances, for further safety. No documents are required to be annexed with the will.

2. undivided /non-partitioned property can be mentioned in the will. On death of the will-maker, the will-beneficiary person shall be able to claim in as usual manner as it is the original owner of the undivided /non-partioned property, including in the courts.

Keep Smiling .... Hemant Agarwal

He has to have the property details which he is the absolute owner and you have to find out any locate who can help you in writing the will and check the draft will before you finalize it as soon as the final draft is ready and signed by testator and with the witnesses is the same can be registered with the registrar and probat

A will requires 2 witnesses and the person making the will must be of sound mind.he must sign in presence of the 2 witnesses. A lawyer should be engaged who would help you in this process.the division can happen or it may happen in future.But your uncle can gift you his share and you can demand the share on the basis of the will after his death.

Regards

Sir the will can be made on stamp paper or normal paper no stamp duty applicable on will and in same execution needs to be appointed. It has to be signed by Testor and 2 witness.

Then can be presented before any sub register office to get it registered on nominal.200 RS. Registration fee.

As.such no.documents are.required along will schedule of property need to be clearly mentioned.

One day two , for.complete process fee involved will be accroding to lawyer you engage.

Yes.he can make will for.undivided share.

1. The Testator ( your maternal uncle ) has to have sound mental health and there should not be any undue influence/ coercion/threat from anyone, while executing a WILL and 2 witnesses ( not beneficiary ) have to affix their signatures on the document.

2. Registration of WILL is optional. Even unregistered one will also be considered as a legally valid WILL. However, WILL can be registered in the Sub Registrar's Office. A person can execute WILL any number of times during his lifetime and only the last WILL before his death shall only be valid.

3. Maximum time required for execution of WILL is one day and if it has to be registered, it may cost Rs.700 to Rs.800/-. If the Testator takes the help of a legal person, his charges will be separate.

4. Even if the division of property has not yet taken place, the Testator can execute a WILL to the extent of his undivided share in the property.

Yes, he can make a WILL of undivided property his share.

Dear Sir,

My answers are as follows:

1) What is the way to make a legal will and get it registered ?

Ans: Get it drafted by a legal expert, the clauses should not be vague.

2) My mother is the only child.

Ans: It is o.k.

3) What documents will be required for this process.

Ans: Title deeds and latest tax paid receipt.

4) What will be the approximate time and fees required for this process.

Ans: 8 to 10 days. As per govt. rates. Lawyers fee depends upon the profile of advocate you select.

5) The property division in my maternal uncle's home is yet to happen. Can he make a will if the property is not divided between the brothers yet ?

Ans; Yes, his undivided share may be bequeathed but it is not so strong if objected other sharers.

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The only condition is Beneficiaries under a Will cannot be its attesting witnesses. Other Rules are as follows:

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COMPARISON OF WILL AND GIFT WITH EXAMPLE

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To have the flats transferred to your name or to your children’s names, either of the following may be done:

Gift: (i) With respect to the flat in which your name and your father’s name are shown as owning equal shares (flat A), your father may execute a gift deed in your favour/in favour of your children, gifting to you/them his share in flat A;

(ii) With respect to the flat in which your, your wife’s and your mother’s names are shown as each owning a one-third share (flat B), your mother may execute a gift deed in your favour/in favour of your children, gifting to you/them her one-third share.

Will: (iii) Your father may execute a Will and bequeath his share in flat A to you/your children (such a bequest to you/your children will only come into effect upon the demise of your father);

(iv) Your mother may execute a Will and bequeath her one-third share in flat B to you/your children (such a bequest to you/your children will only come into effect on the demise of your mother).

If your parents execute a gift deed as above, the provisions of section 122 of the Transfer of Property Act, 1882, must be kept in mind, i.e, a gift is considered to be valid only when (i) it is made voluntarily; (ii) it is without consideration; (iii) there has been an offer by the donor; and (iv) the offer has been accepted by the donee, and the donee actually accepts the gift. This will also apply when property is gifted to blood relatives.

Stamp duty has to be paid on a gift deed and shall be payable in accordance with the provisions of the Stamp Act applicable to the state where the property is situated. Gift deeds also have to be registered under the provisions of the Indian Registration Act, 1908, and applicable registration charges have to be paid.

In the case of a gift to a family member, the stamp paper is to be bought in the donor’s name. Also, if your children are minors and it is intended that the gift be made in their favour, please be guided by the Supreme Court judgement passed in 2003 by Justice Y.K. Sabharwal and Justice D.M. Dharmadhikari.

If your parents draw up a Will, (i) the Will has to be in writing, (ii) it has to be executed by you and (iii) it has to be attested by two witnesses. It must be noted that the beneficiaries under a Will cannot be the attesting witnesses to a Will.

There is no specified format for a Will. It could be drawn up on plain sheet of paper and handwritten by the testator.

As per section 74 of the Indian Succession Act, 1925 (Act) no technical terms need be used. However, the intentions of the testator, including the property to be bequeathed and the beneficiaries, must be clearly set out in the Will. The Will must be signed by the testator or his mark affixed thereto or signed by a person as directed by the testator and in the presence of the testator, all in the presence of at least two witnesses, each of whom must also sign the Will.

A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, thus it is the testators choice as to whether he wishes to register the said Will. There is no stamp duty payable on a Will.

In both the cases, whether a gift deed is executed or a Will is drawn up, it would be advisable for your parents to state and acknowledge that the name of your father was added in flat A and the name of your mother was added in flat B only for convenience and that all payments have been made/are being made solely by you. This is to mitigate any challenge to your parents having gifted/bequeathed their respective shares in flat A and B.

1. He can prepare a Will bequeathing his property to your mother on the basis of whatever reasons he may rely upon, get the Will signed by him and the two attesting witnesses on all pages of the will.

2. What about your maternal uncle?

3. If the property is likely to be transferred through will, then a certified copy of the sale deed/title deed of the property may be enclosed.

4. It depends on the lawyer/deed writer who will prepare this.

5. It will be possible but he has to identify the property to be given as his/her share ion the property.